By submitting your information to Pacific Gold (“Pacific Gold”) and participating in the Program in any way you agree to the following Terms and Conditions (“Terms”):
Eligibility: You must (a) be a legal U.S. resident; (b) at least age 18 (or the age of majority in your jurisdiction of residence, whichever is older); and (c) be invited by Pacific Gold with an email, or direct social media message, and password. Directors, officers, members, managers, and employees of Pacific Gold, and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouse, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to participate.
How to Participate: To participate, (a) enter your email and password to access the Program webpage; and (b) complete and submit the requested information (including social media handles, name, address), to agree to these Terms. Upon approval by Pacific Gold, at its discretion, you will be an Pacific Gold Creator (“Creator”). As a Creator, Pacific Gold asks that you allow Pacific Gold access to Content (defined below) and otherwise participate as described in these Terms.
Benefits of Program: By participating, at Pacific Gold’s discretion, you will receive (a) an introductory care package with Pacific Gold product; and (b) other gifts or items from time to time at Pacific Gold’s discretion. Pacific Gold has no obligation to provide any other compensation of any kind in connection with the Program.
License: You grant to Pacific Gold and its parent companies, subsidiaries, affiliates, assignees, successors in interest, agents, and those acting with its permission (“Related Parties”), a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license (with the right to sublicense and transfer to its affiliated companies and third party collaborators) to (a) use your social media handle, name, hometown, aural and visual likeness, biographical information, and other indicia of your persona; and (b) to publish, reproduce, display, perform, distribute, adapt, share, re-post, edit, modify, translate, create derivative works based upon, and otherwise use any photograph, video, statement, remark, caption, text, art, images, or other content that you post online or share with Pacific Gold (collectively, the “Content”), or any portion thereof (including your social media handle, name, likeness, and other indicia of your persona, as shown and conveyed in your Content), in connection with the Program and for other advertising, marketing, and promotional purposes at Pacific Gold’s sole discretion, and to incorporate Content, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Pacific Gold will have no obligation to publish or use or retain any Content you submit or post, or to return any such Content to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Pacific Gold's expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Pacific Gold to effect, perfect or confirm Pacific Gold's rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Pacific Gold, or its agents, licensees or assignees, of your Content. You may only use Pacific Gold’s trademarks in connection with the Program, and agree to comply with any guidelines provided by Pacific Gold regarding the use of its trademarks.
Posting Requirements: When you post Content in connection with the Program, you agree to use (a) either #AsGoodAsItGets, #PacificGold, and/or tag of @pacificgoldsnacks; and (b) clearly and prominently disclose your affiliation with Pacific Gold by using #PacificGoldCreator, #sponsoredbyPacificGold, or similar clear and unambiguous language. You further agree to comply with the representations and warranties below and the Pacific Gold Code of Conduct set forth at pacificgoldsnacks.com/codeofconduct.
Representations and Warranties. You represent and warrant that:
Your Content will not contain untruthful, incomplete, inaccurate or misleading information.
Your Content must be your original creation and be owned 100% by you, or, alternatively, you must have the full rights to grant the license and other rights that you grant to Pacific Gold in Section 4 above.
Your Content does not (in Pacific Gold’s discretion): (i) violate any third-party rights, including copyrights, trademark rights, or rights of privacy and publicity; (ii) contain disparaging or defamatory statements; (iii) include threats to any person, place, business, or group; (iv) contain obscene, offensive, or indecent material; (v) depict any risky behavior; (vi) contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; or (vii) contain unauthorized third-party trademarks or logos.
(i) the Content does not violate any applicable law, rule or regulation; (ii) to the extent the Content depicts any individual or features the voice or other qualities of any individual, you are the individual pictured, heard, or otherwise featured in the Content, or, alternatively, that you have obtained written permission from each person appearing in the entry to grant the rights to Pacific Gold described in these Terms, and will make written copies of such permissions available to Pacific Gold upon request; (iii) the Content complies with the applicable social media platform terms of use; and (iv) the Content complies with all requirements of these Terms.
You will cooperate with Pacific Gold to modify, edit, remove, or delete posted Content at Pacific Gold’s request.
Termination: You are under no obligation to participate in the Program and may stop at any time. If you wish to stop, email Pacific Gold at team@oberto.com with the text “Remove me from the Pacific Gold Creator Program” or substantially similar language. Pacific Gold may in its sole discretion, suspend, limit, or terminate your participation in the Program at any time. Upon termination, you must immediately cease all activity in connection with the Program.
Release; Limitation of Liability; Indemnification: By participating, you release Pacific Gold, the Related Parties, and any of their respective parent companies, affiliate companies, subsidiaries, agents, directors, officers, members, managers, and employees, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, contractors, legal counsel, website providers, and web masters (collectively, the “Released Parties”) from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Program, including any gifts, prizes, care packages, equipment, and any other item provided to you by Pacific Gold or its designee (including claims, costs, injuries, losses and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. You agree to indemnify and hold harmless Pacific Gold and the Released Parties from and against any and all claims, damages, liabilities, penalties, fines, losses, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your breach of your the representations and warranties herein.
Miscellaneous. Pacific Gold reserves the right in its discretion to suspend, change, modify, or eliminate the Program, these Terms, or your status as a Creator, at any time. If we make changes, we will post the amended terms pacificgoldsnacks.com/creators and/or may attempt to notify you in other ways, including by email. Unless we say otherwise, the amended Terms will be effective immediately and your continued participation as a Creator after the amended Terms are posted will confirm your acceptance of the changes. YOU AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON OR THE APPROPRIATE STATE COURT LOCATED IN KING COUNTY, WASHINGTON. THESE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW RULES. The use of the terms “include” or “including” in these Terms is illustrative and not limiting. Pacific Gold’s failure to enforce any term of these Terms will not constitute a waiver of that provision. You are an independent contractor and nothing in these Terms will be construed as creating an employer-employee, partnership, or joint venture relationship between the parties. Creator is solely responsible for the payment of all taxes on any consideration received under these Terms. Creator will not delegate performance of the any obligations under, or assign all or any part of, these Terms, by operation of law or otherwise, without the prior written consent of Pacific Gold, which Pacific Gold may grant or withhold at its sole discretion. Any purported assignment or delegation in violation of these Terms will be void and of no force or effect.